Frequently Asked Questions

If a tree poses an imminent threat to human life or significant property, it can be immediately removed without Council approval. You should contact the NSW SES or a qualified arborist for assistance.

The 45 Degree Rule is an exemption in Council’s Development Control Plan that enables tree removal in urban areas (private land) without consent if a tree (including any part of the trunk or canopy) is within 45 degrees of an approved building (including a dwelling, garage or outbuilding). Hollow bearing trees can only be removed under the 45 Degree Rule Exemption if an animal handler is present.

The rule is essentially a ‘self-assessment’ tool.   

The Exemption cannot currently be used to remove a tree:

• Located on a heritage item, that is a heritage item itself or is within a Heritage Conservation Area. 
• Required to be retained by the conditions of a development consent or a Section 88B Instrument under the Conveyancing Act 1919.
• That is protected by other legislation (e.g., threatened, or endangered species, clearing above the biodiversity offset scheme threshold). 
• On rurally zoned land, as per the requirements of the Local Land Services Act 2013. 
• On land in the Jerberra Estate.

No.

The 45 Degree Rule Exemption is not being removed from Council’s Development Control Plan. The changes are proposed as a 12 month trial. Please refer to the next FAQ for more information.

The proposed Amendment seeks to refine and add additional criteria to the existing 45 Degree Rule Exemption for a 12 month trial period. The Amendment does not seek to remove the 45 Degree Rule Exemption. 

The proposed changes to the 45 Degree Rule Exemption includes:

• The tree needs to pose a demonstrated short-medium term risk to human life or significant property. This is different to imminent risk; in which case, a tree can be removed immediately.
• Clarifying that the Exemption applies to any lawfully erected building, not just approved buildings. This enables consideration of exempt development which is currently unclear. 
• Clarifying that the tree must not be located beyond the lot the lawfully erected building is located on, including public land. 
• The tree must not have a hollow or nest or be on an upward slope greater than 18 degrees. 
• That tree removal must be undertaken by an Australian Qualifications Framework (AQF) Level 3 Arborist in accordance with relevant Australian Standards.
• A new landowner self-notification process. The landowner must let Council and adjoining/adjacent landowners know of their intention to remove a tree in writing, at least 5 business days before the tree removal is due to commence. The notification is to be signed by both the owner and the tree removal contractor. It is intended that a form will be available on Council’s website to streamline this process. 

The self-notification process is not a consent/approval process. It is purely a notification tool to assist with data collection during the proposed trial period. 

The following current exclusions to the Exemption will still apply, and as such it does not apply to:

• A tree located on a heritage item, that is a heritage item itself or is within a Heritage Conservation Area. 
• A tree is required to be retained by the conditions of a development consent or a Section 88B Instrument under the Conveyancing Act 1919.
• A tree that is protected by other legislation (e.g., threatened, or endangered species, clearing above the biodiversity offset scheme threshold). 
• Rurally zoned land, as per the requirements of the Local Land Services Act 2013. 
• Land in the Jerberra Estate. 

If you are not able to remove a tree under the proposed 45 Degree Rule Exemption amendments if ultimately adopted, there are other ways that you may still be able to remove a tree on your property, including:

• Imminent risk to human life and significant property. If a tree poses an imminent threat to human life or significant property, it can be immediately removed without Council approval. If the tree is, you should contact the NSW SES or a qualified arborist for assistance. 
• Private Tree Permit
• Development Application with other works
• 10/50 Rule
• NSW Local Land Services under the Local Land Services Act 2013

If you need clarification regarding these options, please contact Council on 1300 293 111. 

If a tree poses an imminent threat to human life or significant property, it can be immediately removed without Council approval. Contact the NSW SES or a qualified arborist for assistance. 

The 45 Degree Rule Exemption provides opportunities for tree removal without consent. Refer to the above FAQ for more information. 

The NSW Government’s 10/50 Rule may also be used in certain circumstances to remove trees without consent, for asset protection zone purposes. 

Trees under 5m can be removed without consent, as can certain exempt tree species that are considered non-native/ invasive. Refer to the Exempt Tree Species List.

As part of the proposed changes, the landowner must let Council and adjoining/adjacent landowners know of their intention to remove a tree in writing, at least 5 business days before the tree removal is due to commence.  

The self-notification process is not a consent/approval process. It is purely a notification tool to assist with data collection during the proposed trial period. 

The notification to Council is to be signed by both the owner and the tree removal contractor, and is to include the following information:

• Property address
• Location of the tree to be removed on the site
• The size and species detail of the tree
• Reason for removal
• Provision of a photograph of the tree
• Confirmation that there are no exclusions from exemptions (heritage, consent conditions, 88B Instruments, etc.). 

 It is intended that a form will be available on Council’s website to streamline this process.

As part of the proposed changes, all removal tree works must be undertaken by a qualified arborist with a minimum level 3 in arboriculture, Australian Qualifications Framework (AQF). The works need to be carried out in line with the relevant Australian Standards.

AQF Level 3 Arborists have specific training and knowledge to safely remove trees and to recognise potential hazards.

This proposed change seeks to ensure that:

• Trees are removed to industry best practice and safety standards to protect tree contractors, landowners/residents, and their property.   
• Unanticipated introduction of disease, damage, or future failure of surrounding trees is avoided/minimised. 
• Drainage issues are considered. 
• Alternative options are considered, including selective pruning. 

The following organisations keep registers of consulting and practising arborists that may be useful for sourcing an arborist:

• Arboriculture Australia
• The Institute of Australian Consulting Arboriculturists
• Tree Contractors Association Australia

It is considered unlawful if a tree is removed without consent, or is removed, and does not meet the exemption requirements. 

There are significant penalties for the illegal removal or pruning of trees and other vegetation which can result in significant fines under the Environmental Planning & Assessment Act 1979 and the Local Land Services Act 2013.

It is also an offence to harm or pick threatened species, populations, or endangered ecological communities (EECs) under the Biodiversity Conservation Act 2016 and Environment Protection and Biodiversity Conservation Act 1999. Prosecutions can result in significant penalties, including fines and imprisonment.

A demonstrable risk is when the tree poses a demonstrated short-medium term risk to human life or significant property. This is different from imminent risk; in which case, a tree can be removed immediately.

Imminent risk means there is an immediate and impending threat likely to occur at any moment.  

If a tree poses an imminent threat to human life or significant property, it can be immediately removed without Council approval. You should contact the NSW SES or a qualified arborist for confirmation that the tree is an imminent risk and for assistance with removal. 

Following the exhibition period, all submissions will be reviewed and reported to Council for consideration. Everyone who makes a submission during the public exhibition period will be notified of the Council meeting in due course. 

Council will decide whether or not to proceed with the changes to the Development Control Plan.

If endorsed by Council, after the proposed 12-month trial period of the amended 45 Degree Rule Exemption, Council will again consider the effectiveness of the change and the next steps for the Exemption.